Case Number:
20PSCV00386
Hearing Date:
December 09, 2020
Dept:
O
Defendants Zhibin Tan, Han Ye, Tian Lang Tan, and VPT Development LLC’s Demurrer to the First Amended Complaint is SUSTAINED with leave to amend.

Defendants’ Motion to Strike is MOOT.

Plaintiffs have 20 days to file and serve their amended pleading.


Demurrer to FAC

A demurrer for sufficiency tests whether the complaint states a cause of action.

(
Hahn v. Mirda
(2007) 147 Cal.App.4th 740, 747.)

When considering demurrers, courts read the allegations liberally and in context.

(
Taylor v. City of Los Angeles Dept. of Water and Power
(2006) 144 Cal.App.4th 1216, 1228.)

In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.

(
Donabedian v. Mercury Ins. Co.
(2004) 116 Cal.App.4th 968, 994.)

“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects app